in the united states district court for the southern ... · 7/23/2018 · 1. plaintiff, otilia...

1

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION OTILIA ASIG-PUTUL, On behalf of her minor son W.A. Plaintiff, v. Case No. HEARTLAND HUMAN CARE SERVICES, INC., JURY TRIAL DEMANDED JOHN DOE #1, JOHN DOE # 2, AND JOHN DOE #3, Defendants. ____________________________/

COMPLAINT

Plaintiff, OTILIA ASIG-PUTUL, on behalf of her minor son W.A., through

their undersigned attorney, file this Complaint against Defendants Heartland

Human Services, Inc., John Doe #1, John Doe #2, and John Doe #3, all of whom

have negligently caused Plaintiff damage by negligently supervising the children

under their care and knowingly permitting one such child to assault the Plaintiff,

despite his request for help and despite prior knowledge of the assailant’s

assaultive conduct. In support of this Complaint, Plaintiff alleges:

Case 1:18-cv-22855-KMW Document 1 Entered on FLSD Docket 07/16/2018 of 13

2

INTRODUCTION

This case presents yet another tragic outcome of the ‘zero-tolerance’ policy

of family separation instituted by this administration. The Plaintiff in this case

was separated from his mother as part of that policy and placed in the care and

custody of the Defendants. While in their custody, the Plaintiff became the victim

of threats and bullying by another, older, child. Without his parents to protect

him, the Plaintiff did the only thing he could do, he asked the people who were

supposed to be providing for his care and safety for help, as he was being bullied.

Rather than provide such basic care as intervening, separating the bully, who was

known to be bullying all the other children, into a separate part of the facility, or

even warning him to desist, the Defendants merely told the Plaintiff to “stop

complaining.” Eventually, with this tacit and explicit approval of his actions, the

minor assailant (M.A.) assaulted the Plaintiff, resulting in the need for emergency

medical treatment, including three staples being placed in W.A.’s head.

PARTIES

1. Plaintiff, Otilia Asig-Putul, is filing on behalf of her 11-year-old minor son

W.A. W.A. was at all times relevant, a child of Otilia Asig-Putul who came

to this country from Central America seeking asylum. W.A. was at all times

relevant, himself an asylum seeker. W.A. was separated at the border from


3

his mother and placed into the care and custody of the Defendants. Plaintiff

W.A. remained, at all times relevant, in the care and custody of the

Defendants.

2. Heartland Human Care Services, Inc., is an Illinois corporation that

contracts with the federal government to provide detention facilities for

minor children in the Office of Refugee Resettlement’s custody. At all times

relevant to this Complaint, Defendant Heartland Human Care Services, Inc.

was subject to the laws of the State of Illinois and the Constitution and laws

of the United States of America. Defendant Heartland Human Care Services,

Inc. was responsible for knowing and abiding by the laws relating to child

care facilities within the State of Illinois.

3. John Doe #1 is, or was at all times relevant, a supervisor or other employee

of Defendant Heartland Human Care Services, Inc. John Doe #1 was

responsible for the supervision and care of children placed in Heartland

Human Care Services, Inc.’s care and custody. At all times relevant, John

Doe #1 provided negligent care, to include providing that negligent care to

Plaintiff W.A. At all times relevant to this Complaint, Defendant John Doe

#1 was subject to the laws of the State of Illinois and the Constitution and

laws of the United States of America. Defendants Heartland Human Care

Services, Inc. was responsible for knowing and abiding by the laws relating


4

to child care facilities within the State of Illinois. Upon information and

belief, John Doe #1’s last name is Nelson.

4. John Doe #2 and John Doe #3, are, or were at all times relevant, supervisors

or other employees of Defendant Heartland Human Care Services, Inc. John

Doe #2 and John Doe #3 were responsible for the supervision and care of

children placed in Heartland Human Care Services, Inc.’s care and custody.

At all times relevant, John Doe #2 and John Doe #3 provided negligent care,

to include providing negligent care to Plaintiff W.A. At all times relevant to

this Complaint, Defendants John Doe #2 and John Doe #3 were subject to

the laws of the State of Illinois and the Constitution and laws of the United

States of America. Defendants John Doe #2 and John Doe #3 were

responsible for knowing and abiding by the laws relating to child care

facilities within the State of Illinois.

JURISDICTION AND VENUE

5. This Court has jurisdiction over the claims within this Complaint based on

28 U.S.C. § 1332 as there is complete diversity of the Plaintiff and Defendants

and the amount in controversy exceeds $75,000.00,


5

STATEMENT OF FACTS

6. On or about May 9, 2018, W.A. entered the United States with his mother

Otilia Asig-Putul seeking asylum. Within a short time thereafter, W.A. was

separated from his mother and placed in the custody of the Department of

Health and Human Services, Office of Refugee Resettlement (O.R.R.).

7. O.R.R placed W.A. in the care of the Defendant Heartland Human Care

Services, Inc. at 4822 North Broadway Ave, 2nd Floor, Chicago, Illinois,

60640, on or about May 12, 2018.

8. While in Heartland Human Care Services, Inc., W.A. was placed in a room

with four other children, all approximately the same age as W.A.

9. Children within Heartland Human Care Services, Inc. were separated at

night by age. Children 12-14 were in one section, 11 and under in one

section, and children 15 and up were in a separate building.

10. During the day all children under 14 were free to mingle and were

supervised together.

11. At 11:00 a.m., the children would be provided classes, an hour of recess, and

a snack period.

12. During the morning, one employee of the Defendant would supervise the

children 14 and under, approximately 15 children in total. At 2:00 p.m., two

more staff would arrive to supervise the children.


6

13. One child in this group was the minor assailant (M.A.), a 14-year-old child

within the care of the Defendants.

14. M.A. had been involved in a violent altercation with another child two

weeks prior to the assault on W.A. M.A. was not disciplined for that assault

nor separated from other children.

15. Upon information and belief, M.A. had been detained for 9 months, at least

two months of that in Heartland Human Services, Inc. Upon information

and belief, M.A. had other violent episodes within Heartland Human

Services, Inc. prior to this incident, of which Heartland Human Services, Inc.

was aware.

16. M.A. was known to the Defendants, including specifically John Doe #1, to

be violent towards other children and to be bullying other children within

the Defendants’ care.

17. M.A. began bullying W.A. after that incident. W.A. reported he was being

picked on and bullied by the older children, which included M.A., including

to John Doe #1.

18. On at least two occasions, M.A. threatened other kids that he would take

vengeance on them and would hit them if they messed with him.

19. When W.A. complained about requesting to speak with his aunt, he was

advised to stop complaining. Neither John Doe #1, nor any of the


7

Defendants, took steps to protect W.A. or the other children in their care, to

discipline M.A., or to separate him from the other children.

20. Upon information and belief, the Defendants have no separation policy to

remove violent children from the presence of vulnerable children. In the

alternative, the Defendants violated and did not enforce any such policy if

it existed.

21. Despite being known to the Defendants to be aggressive and violent, and

despite knowing W.A. was being bullied by an older child, the Defendant’s

placed M.A. in W.A.’s room on or about 5/28/18.

22. At about 1:00 or 2:00 p.m. on or about 5/29/18, the Plaintiff W.A. was

looking out the window of the room he slept in when M.A. walked into the

room where W.A. was located.

23. M.A. headed for the Plaintiff and tripped him, causing W.A. to fall and hit

his head on the metal bed frame.

24. This fall resulted in a severe laceration to W.A.’s head that bled profusely.

25. One of the other children located in the room went and advised staff of the

Defendant that W.A. had been assaulted and was bleeding.

26. A staff member tossed a towel to W.A. and told him to clean himself up.

27. John Doe #1 brought ice to W.A.


8

28. Eventually John Doe #2, whose name upon information and belief was

Jessica, came and escorted W.A. to Advocate Lutheran Hospital.

29. W.A. arrived at the hospital at or about 3:03 p.m. on 5/29/18. Once at the

hospital, W.A. was treated by having the wound sealed with purple syrup

(upon information and belief this was Dermabond) and three staples were

placed in his head.

30. No MRI, CT, or X-Ray scans were taken of W.A.’s head. W.A. was also never

given any Tylenol or other pain medication for this injury by the

Defendants.

31. W.A. was then placed back in the facility in which he had been assaulted, in

the company of his assailant.

COUNT ONE NEGLIGENCE

(Against John Doe #1, John Doe #2, and John Doe #3)

32. Plaintiff hereby restates and incorporates by reference the allegations

contained in paragraphs 6-31 as if set forth fully herein.

33. Based on all facts that have been incorporated to support this Count, and

the fact that the Defendants were aware that M.A. was violent and a danger

to the other children, and the fact that the Defendants, including specifically

John Doe #1, were advised that W.A was being bullied, the Defendants were

negligent in failing to adequately supervise M.A and W.A., in failing to


9

separate M.A. from the other children, in placing M.A. in W.A.’s sleeping

room despite the knowledge that he was threatening W.A. specifically and

was violent and bullying other children generally, and by failing to prevent

the assault by M.A. on W.A that resulted in his injury.

34. The Defendants had a duty to provide for the care and safety of the children

placed in their care, including W.A. In negligently supervising M.A. and

W.A., Defendants breached that duty, and W.A. was assaulted as a result.

Plaintiff suffered injury, including a severe laceration to his head, pain and

suffering, emotional pain and distress resulting from the injury, and fear

and distress resulting from his fear of further injury as a result of the

Defendants’ negligence.

35. Due to Defendants’ negligence, based on the facts incorporated into this

count and the allegations within this count, W.A. is entitled to damages for

his physical injury, mental pain and emotional distress.

COUNT TWO NEGLIGENCE

(Against Heartland Human Care Services, Inc.)


contained in paragraphs 6-31 as if set forth fully herein.

37. Heartland Human Care Services, Inc. contracted with the O.R.R. to provide

for the detention of immigrant children separated from their parents,


10

including W.A. and M.A. As a result of that contract, several such children,

including the Plaintiff were placed in Heartland Human Care Services, Inc.’s

care, custody, and control.

38. As a result of that placement, the Defendant Heartland Human Care

Services, Inc. had a duty to provide adequate supervision of and care for the

children in its custody, including W.A.

39. Heartland Human Care Services, Inc. had no separation policy to remove

violent or dangerous children from the other children in its care or, in the

alternative, did not routinely enforce that policy if one did exist.


the fact that the Defendant, through its agents, was aware that M.A. was

violent and a danger to the other children, and the fact that the Defendant’s

agents, including specifically John Doe #1, were advised that W.A. was

being bullied, the Defendant was negligent in failing to provide adequate

supervision to M.A and W.A., in failing to separate M.A. from the other

children, in placing M.A. in W.A.’s sleeping room despite the knowledge

that he was threatening W.A. specifically and was violent and bullying other

children generally, and by failing to prevent the assault by M.A. on W.A

that resulted in his injury.


11

41. In negligently supervising M.A. and W.A., Defendant breached its duty, and

W.A. was assaulted as a result. Plaintiff suffered injury, including a severe

laceration to his head, pain and suffering, emotional pain and distress

resulting from the injury, and fear and distress resulting from his fear of

further injury as a result of the Defendants’ negligence.

42. Due to Defendants’ negligence, based on the facts incorporated into this

count and the allegations within this count, W.A. is entitled to damages for

his physical injury, mental pain and emotional distress

COUNT THREE RESPONDEAT SUPERIOR

(Against Heartland Human Care Services, Inc.)


contained in paragraphs 6-31 as it set forth fully herein.

44. At all times relevant to this Complaint, Defendants John Doe #1, John Doe

#2, and John Doe #3 were employed by Heartland Human Care Services,

Inc. As part of their employment, John Doe #1, John Doe #2, and John Doe

#3 were responsible for providing adequate supervision and care to the

children in their care. This supervision included a responsibility to separate

known violent children from the others in their care, to separate a child who

has threatened a specific child from the child he has threatened, and to


12

provide adequate supervision to prevent assaults and fights between

children in their care, custody, and control.


the fact that Heartland Human Care Services, Inc., was the employer of John

Doe #1, John Doe #2, and John Doe #3 during the course of their negligent

conduct and that John Doe #1, John Doe #2, and John Doe #3’s negligent

conduct occurred within the scope of their employment, Heartland Human

Care Services, Inc. is liable for its employee’s negligent conduct.

46. Due to John Doe #1, John Doe #2, and John Doe #3’s negligent conduct and

based on the facts incorporated into this count and the allegations within

this count, W.A. is entitled to damages for his physical injury, mental pain

and emotional distress.

ATTORNEY FEES

47. Plaintiffs are entitled to reasonable attorney fees under applicable federal

and state law.

WHEREFORE, Plaintiff respectfully requests this Court exercise jurisdiction

over this case and grant a jury trial; decide, as a matter of law, all issues not

required to be determined by a jury and grant Plaintiff all requested relief; award

all permissible damages recoverable from the Defendants, including general,

special, compensatory, and any other damages deemed appropriate, in an amount


13

to be determined at trial; permit recovery of reasonable attorney’s fees and costs

in an amount to be determined by this honorable Court under applicable law; and

grant any additional relief that this Honorable Court deems appropriate under the

circumstances.

Respectfully submitted this 16th day of July 2018, by:

/s/ Dallas S. LePierre DALLAS S. LEPIERRE Florida Bar No. 101126 Counsel for Plaintiff

NEXUS DERECHOS HUMANOS ATTORNEYS, INC. 44 Broad Street, NW, Suite 200 Atlanta, Georgia 30303 (404) 254-0442 Telephone (404) 592-6225 Facsimile [email protected] [email protected]


Case 1:18-cv-22855-KMW Document 1-1 Entered on FLSD Docket 07/16/2018 Page 1 of 1

AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURTfor the

__________ District of __________

))))))))))))

Plaintiff(s)

v. Civil Action No.

Defendant(s)

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address)

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if youare the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 ofthe Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,whose name and address are:

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.

CLERK OF COURT

Date:Signature of Clerk or Deputy Clerk

Southern District of Florida

OTILIA ASIG-PUTUL,On behalf of her minor son W.A.

1:18-cv-22855

HEARTLAND HUMANCARE SERVICES, INC.,JOHN DOE #1, JOHN DOE # 2, AND JOHN DOE #3

HEARTLAND HUMAN CARE SERVICES, INC.c/o ERIC D. ANDERSONREGISTERED AGENT55 W MONROESUITE 1925CHICAGO, IL 60603

DALLAS S. LEPIERRENEXUS DERECHOS HUMANOS ATTORNEYS, INC.44 BROAD STREET, N.W.SUITE 200ATLANTA, GA 30303


AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No.

PROOF OF SERVICE(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any)

was received by me on (date) .

I personally served the summons on the individual at (place)

on (date) ; or

I left the summons at the individual’s residence or usual place of abode with (name)

, a person of suitable age and discretion who resides there,

on (date) , and mailed a copy to the individual’s last known address; or

I served the summons on (name of individual) , who is

designated by law to accept service of process on behalf of (name of organization)

on (date) ; or

I returned the summons unexecuted because ; or

Other (specify):

.

My fees are $ for travel and $ for services, for a total of $ .

I declare under penalty of perjury that this information is true.

Date:Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc:

1:18-cv-22855

0.00


in the united states district court for the southern ... · 7/23/2018 · 1. plaintiff, otilia...

Documents